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Bathiudeens’ lawyer claims conspiracy to undermine national level Muslim politicians
By Shamindra Ferdinando
Attorney-at-law Rushdhie Habeeb alleges that the recent arrest of All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen, MP, in connection with the ongoing police investigations, is part of a despicable conspiracy to undermine Muslim politicians at the national level.
Habeeb said so yesterday (28) in his capacity as the lawyer for Samagi Jana Balavegaya (SJB) MP Bathiudeen when The Island sought clarification as regards the Opposition political parties’ response to the latest development.
Responding to another query, Habeeb emphasised that the government, under tremendous pressure from various parties, particularly the Catholic Church over the delay in bringing investigations to a successful conclusion, was pursing a political agenda.
The lawyer said that he represented the interests of MP Bathiudeen, his brother, Riyajj, and their families, as well as the ACMC.
Pointing out that Bathiudeen had been in the Cabinet of the then Presidents, Mahinda Rajapaksa (2010-2014) and Maithripala Sirisena (2015-2019), Habeeb said that several MPs, including SJB leader Sajith Premadasa, Patali Champika Ranawaka, Dr. Rajitha Senaratne, Mujibur Rahman, Mano Ganesan, Gajendrakumar Ponnambalam, Imthiaz Bakeer Markar, Manusha Nanayakkara and Harin Fernando, both in and outside Parliament, had questioned the government strategy.
Habeeb said that on his behalf, a junior lawyer sought a copy of the Detention Order obtained by the CID in terms of the Prevention of Terrorism Act (PTA) from the Director, Criminal Investigation Department (CID). The DOs allow the CID to detain the Bathiudeen brothers for 90 days. Director, Media, Police headquarters, SSP Nihal Thalduwa yesterday confirmed the issuance of DOs.
In a statement issued soon after the police arrested the Bathiudeen brothers, in the early hours of Saturday (24), Habeeb said that the SJB constituent, the ACMC group in Parliament, comprised four lawmakers, including Rishad. In addition to them, there were 169 ACMC members in Local Government authorities, Habeeb said, underscoring the Presidential Commission of Inquiry (CoI) into the 2019 Easter Sunday carnage didn’t receive any incriminatory evidence in respect of the former Minister.
Appreciating the public stand taken by Opposition lawmakers, Habeeb called for, what he called a greater consensus among those genuinely opposed to the government strategy.
Weeks after the Easter Sunday carnage, all nine Muslim politicians, including Bathiudeen, relinquished their ministerial portfolios in the wake of the then UNP National List lawmaker Ven. Atureliye Rathana undertaking a fast demanding the removal of Rishad Bathiudeen and two Governors-Azath Sally (Western Province) and M.L.A.M. Hisbullah (Eastern Province). In late July, Bathiudeen and SLMC leader Rauff Hakeem were among those who re-accepted ministerial portfolios, claiming investigations cleared them.
Asked whether the UNP backed the ACMC led campaign against its leader’s arrest, UNP Chairman Vajira Abeywardena yesterday said that the arrest of lawmakers in the absence of proper charges couldn’t be condoned under any circumstances. However, the UNP wouldn’t want to take a stand hastily as regards MP Bathiudeen’s arrest. “We’ll let the public know our stand once the party studied the case.”
At the time Bathiudeen was accused of close links with the now proscribed National Thowheed Jamaat (NTJ), blamed for the Easter Sunday carnage, his party functioned as a constituent of the UNP-led coalition. In early 2020, Bathiudeen switched his allegiance to the SJB. Habeeb alleged that the government targeted MP Bathiudeen because he backed Sajith Premadasa at the 2019 presidential election.
Habeeb strongly denied much publicised police headquarters accusations that the Bathiudeen brothers aided and abetted those responsible for the Easter carnage. The latest arrests were made close on the heels of the SJB alleging that those in power now, are suppressing the Easter Sunday investigations. The lawyer said that the government was yet to respond to specific questions raised by lawmakers Manusha Nanayakkara and Harin Fernando in Parliament.
Meanwhile, an officer who had been with the intelligence apparatus told The Island that the CoI was fully briefed of pre – and post-developments of the April 21, 2019 attacks. Terming the accusations as politically motivated the ex-military man said that the CoI report would help the ongoing police investigations as well as studies undertaken by the Attorney General’s Department.
According to him, a full disclosure pertaining to certain aspects of intelligence operations would undermine Sri Lanka’s relationship with friendly countries. Therefore, both the government and the Opposition would have to address the issues at hand, cautiously.
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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